The Sea Fishing (Enforcement of Community Quota Measures) Order 1998

Interpretation

2.—(1) In this Order—

“British fishing boat” means a boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands;

“the Council Regulation” means Council Regulation (EC) No. 45/98 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1998 and certain conditions under which they may be fished(1);

“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to this Order as read with the qualifying words relating to that provision in that column.

(2) In this Order any reference to a document includes, in addition to a document in writing—

(a) any map, plan, graph or drawing;

(b) any photograph;

(c) any disk, tape, sound track or other device in which sounds or other data are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

(d) any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.

(3) For the purpose of the prohibition contained in Article 10 of the Council Regulation the harbours at which a fishing boat to which this Order applies may land catches of fish containing unsorted herring are—

(a) Aberdeen;

(b) Lerwick;

(c) any other harbour within British fishery limits whose sampling systems a British sea-fishery officer at that harbour decides, having regard to the overall size and characteristics of the catch, to be adequate for the purpose following application by the master of the boat to a British sea-fishery officer at that harbour before the landing of the catch,

and where a British sea-fishery officer has made a decision as to the adequacy of a harbour in accordance with sub-paragraph (c) above he shall notify the master of the boat accordingly.

(1)

OJ No. L12, 19.1.98, p.1.